The Study On The System Of The Legal Aid In Agencies Of Reeducation-Through-Labor

The protection of human rights is a significant symbol of a legal society as well as an important manifestation of the degree of civilization and progress of a country. Legal aid is also an important symbol measuring the soundness of a legal system and the degree of development of human rights protection mechanism. It is also crucial scale of social civilization and progress. It is required in modern rules of law that "All are equal before the law" as a basic principle followed by most of the countries. While "the justice of a social system essentially dependent on the allocation of basic rights and obligations, as well as the economic opportunities and social conditions in the different sectors of the society." Therefore, justice in law is the protection to achieve social fairness and justice. Legal aid is, essentially, through the institutionalized form, to redistribute the legal services in order to protect all citizens, including vulnerable social groups, not to be limited by factors such as economy, physiological defects, education, social status, and get the equal access to legal services to achieve true social equity. The process of a country's progress is also a process of the development of human rights.Those who are receiving the re-education through labor, as a citizen with the nationality of China, have the rights to enjoy the law of the protection of human rights according to the Constitution. Since the laws of the re-education through labor and some other related regulations are maturing, especially with China's accession to the WTO, the Chinese Government signed the "International Convention on Civil and Political Rights", the protection of human rights for those being in re-education has been fatherly strengthened. However, in China's practical work of re-education-through-labor, there are still a number of inmates of ignoring the inadequacies' rights. At present, some scholars and experts have done some in-depth researches on legal aid among the special groups, such as the elderly, women and children, and published some related thesis. Conversely, the study on the legal assistance to the special groups - people in re-education, is so less, nearly access to the blank area.This thesis, focusing on the development of legal aid of foreign and domestic, especially Inner Mongolia, and the status quo of the protection of the inmates' rights, as well as the value of legal aid in the re-education agencies, puts forward the concept of legal aid work in re-education agencies, and proposes to establish, by way of legislation, the legal aid agencies, the detention and terms of reference, financial security, the protection of human resources and the interface between work context after the comprehensive analysis of the issues for re-education detention from the current characteristics of legal aid work, and ultimately serve to maintain social fairness and justice of the ultimate goal.This thesis is divided into five parts with a comprehensive analysis of the legal aid system re-education establishments.The first part is an overview of legal aid. This section briefly discusses the concept of legal aid and its characteristics and significance. First of all, it elaborates the concept of legal aid, and then focuses on the characteristics of legal aid, and finally set out the functions of its value, which is the basis of the following contents.The second part is the comparison of the system of legal aid at home and abroad. This part makes a summary of working style and the main contents at home and abroad through the analysis of the legal aid system, and sums up the different points for the reference in China's legal aid.The third part is the characteristics and values of re-education establishments of legal aid. This section firstly discusses the legal assistance on the use of helping to solve the special problems, which is conducive to maintain the harmonious and stable environment in society, and then it help to improve the legal awareness of the inmates and the level of police enforcement the detention carried out in legal aid. Finally it clarifies that the use of the educational function of legal assistance in the specific cases will help to raise the overall level of law enforcement activities, and will conducive to social harmony and stability, and maintain social fairness and justice in the value of the ultimate goal. This part discusses in essence the need for legal aid in the re-education agencies.The fourth part is the status quo and defects of legal aid. The part begins with the analysis of the characteristics of legal aid, and then the explanations of the current situation of the model of legal aid, and finally it analyzes the deficiencies in order to make the foundation of the fifth part.The fifth part is the establishment and perfection of construction of the legal aid system in the agencies of re-education through labor.